Sexual battery is defined as the union of or penetration of the sexual organ, by oral, anal or vaginal act by a person or an object. Capital sexual battery occurs when a person 18 years of age or older commits sexual battery on a victim who is less than 12 years of age.


Ashley, a 10 year old girl, was raped by her Godfather when staying at his house while her parents are on a business trip. After complaining to her parents about her sexual parts being bruised, her mother inspects her to make sure everything is okay. After realizing that their daughter has been raped, Ashley’s parents immediately contact the police. While being questioned by the police, Ashley explains what her Godfather did to her during her parent’s vacation. The police then arrest her Godfather, and he is charged with Capital Sexual Battery.

Maximum Penalty

Capital sexual battery is an extremely severe crime, and is punishable by a mandatory life sentence in prison without the possibility of parole.

Tim Flaherty
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Florida Criminal Defense Attorney